Garrison v. McCullough
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gehial Garrison, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Orange on the 26th day of June, 1897, upon the dismissal of the complaint, upon the plaintiff’s opening, by direction of the court at a trial before the court and a jury.
1Opinion of the Court
Cullen, J. :
This action is brought hy the plaintiff, an employee of defendants’ railroad, to recover damages for personal injuries received by him from the breaking of a push stick. The complaint charged that the plaintiff’s injury was occasioned by the negligence of the defendants in failing to furnish safe and suitable appliances. The plaintiff’s counsel, in opening the case, stated to the jury the facts which he intended to prove, and on which he claimed to establish the liability of the defendants. This opening was taken down, by the stenographer, and appears in the record. At the…
2Cases cited2 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Marsh v. . ChickeringNew York Court of Appeals · 1886
3Cited by8 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Black v. JudelsohnAppellate Division of the Supreme Court of the State of New York · 1937
- Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1903
- Denenfeld v. BaumannAppellate Division of the Supreme Court of the State of New York · 1899
- Fire Ass'n of Philadelphia v. Oneida County Macaroni Co.Court of Appeals for the Second Circuit · 1923
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